NCJ Number
73189
Journal
University of Michigan Journal of Law Reform Volume: 13 Issue: 3 Dated: (Spring 1980) Pages: 571-602
Date Published
1980
Length
32 pages
Annotation
CCTV (closed circuit television) surveillance operations by the police deter street crime and aid in the detection and apprehension of criminal suspects, but courts and legislatures must not allow this modern technology to circumvent current statutory and case law safeguards.
Abstract
This article evaluates the constitutionality of CCTV 'searches.' The present uses being made of closed circuit technology are discussed and the merits of the CCTV surveillance system are evaluated. The critical policy tradeoff is the system's effectiveness in combating crime against the resulting loss of privacy to individual citizens. Next, the constitutional implications of CCTV are considered in terms of three major doctrines: the fourth amendment prohibition against 'unreasonable searches and seizures,' the constitutional right of privacy, and the first amendment guarantees of free speech and association. Also, the state of the law concerning these constitutional doctrines is briefly summarized. These separate doctrines are then applied to a hypothetical situation involving police use of CCTV surveillance. The conclusion is that current case law is inadequate to deal with the advaned technological capabilities of CCTV surveillance. Finally, stringent regulations of police use of CCTV are advocated, despite the system's demonstrated and potential success in preventing crime, in order to stay within the constitutional parameters and to prevent abuses which unjustifiably intrude on the personal privacy of individuals. (Author abstract modified)